Terms and conditions

Last Updated 10/31/2016

Welcome to Deka Marketing Group, Inc. dba Dekafy (hereinafter “Company”). The whole of these Terms & Conditions of Use (“Terms and Conditions”) is an Agreement between Company and You (hereinafter “You” and/or “Your”), as the user of this website (hereinafter “Site”) and Company’s services, and governs Your access to and use of this Site. These Terms and Conditions are inclusive of any operating rules, policies, price schedules or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time, including, without limitation, the separate Dekafy Advertiser Agreement, Dekafy Publisher Agreement, and Dekafy Privacy Policy (collectively, the “Network Agreements” and, together with these Terms and Conditions, the “Agreement”). Where there is a conflict between these Terms and Conditions and any Network Agreement, the applicable Network Agreement shall take precedence on all matters.

Please be sure to read this Agreement in its entirety before using this Site. By using this Site, You acknowledge that You are at least 18 years of age and that You have read, understand and agree without limitation or qualification to be legally bound by this Agreement.

If You do not agree to these terms, do not use this Site or Company’s services.

Acceptance of Agreement

You agree to the terms and conditions outlined in the Agreement with respect to Your use of the Site. The Agreement constitutes the entire and only agreement between You and Company with respect to Your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties, and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to You. Any such modifications shall take effect immediately. The latest Agreement will be posted on the Site, and You should review the Agreement prior to using the Site. By Your continued use of the Site, You hereby agree to comply with all of the terms and conditions contained within the Agreement in effect at that time. Therefore, You should regularly check this page for updates and/or changes. If You do not agree to any such modified terms, do not use this Site in any manner or form.

Registration

The Site is available only to individuals or entities who can enter into legally binding contracts under applicable law. To join the Network, You must be an entity or an individual of at least eighteen (18) years of age, with the requisite equipment and internet connection to access the Network and Site. The Site and Network are not intended for use by individuals under the age of eighteen (18). If You are under the age of eighteen (18), You do not have permission to use and/or access the Site. To begin the enrollment process, You must submit a complete and accurate application (“Application”). Company will evaluate Your Application and promptly notify You of Your Application acceptance or rejection via the email address that You supply are part of Your Application. If any of the information supplied as part of Your Application changes at any time, You must immediately inform Company of same to reflect such changes in your Publisher or Advertiser profile.

Company’s Network

Company is an online CPA-based marketplace network. Only by registering on the Site, completing the applicable agreement as either an Advertiser or Publisher, and receiving approval from Company can You utilize the Network. The Network allows: (a) interested third-party Publishers, including, but not limited to, marketers, publishers, advertisers, and advertising agencies, to participate in advertising campaigns, obtain Advertiser content (“Creatives”) for various Advertiser products and/or services, and market such products and/or services on Publisher websites and/or through other online media; and (b) interested Advertisers to attract and retain third-party Publishers in connection with the marketing of their products and/or services. Company reserves the right to prohibit any conduct by Advertisers and Publishers. Notwithstanding the foregoing, Company undertakes no responsibility to monitor or otherwise police the use of Ads or other activities of Advertisers, Publishers, and/or other third parties. You understand and agree that Company will not be responsible for such Ads and other information. You agree that Company shall have no obligations and incur no liabilities to You in connection with any Ads and other information appearing in the Network or otherwise made available by and through the Site.

Please use caution and common sense when using the Network and/or other areas of the Site. You are solely responsible for Your interactions with other Site-users including, but not limited to, Publishers, Advertisers, and/or other third parties. Because we are not involved in such interactions, in the event that You have a dispute with one or more Site-user(s), Publisher(s), Advertiser(s), and/or other third party(ies), You hereby release Company including, but not limited to, its officers, directors, members, agents, subsidiaries, and employees, from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Company reserves the right, but has no obligation, to monitor disputes between You and other Site-users, Publishers, Advertisers, and/or other third parties.

Unless explicitly stated otherwise, any future offer(s) made available to You on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Company is not responsible or liable in any manner whatsoever for Your inability to use and/or qualify as either a Publisher or Advertiser for any current or intended advertising campaign or any associated functionality. You understand and agree that Company shall not be liable to You or any third party for any modification, suspension, or discontinuation of the Network, any Company product and/or services or any products and/or services of any Publisher and/or Advertiser. This Agreement only governs Your use of the Site and ability to register for the services provided on the Site. To access the Publisher Agreement, Click Here. To access the Advertiser Agreement, Click Here. To access the Dekafy Privacy Policy (“Privacy Policy”), Click Here.

License Grant

As a user of the Site, You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. As a Publisher or an Advertiser, You shall be subject to the restrictions contained in the applicable Network Agreement regarding use of the Ads, the Network, and other materials made available therein. Company may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the Ads, Site, any content featured therein or any portion thereof. Company reserves any rights not explicitly granted in the Agreement. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or Network. You may not take any action that imposes an unreasonable or disproportionately large load on the Company infrastructure. Your right to use the Site is not transferable.

Proprietary Rights

The Ads, content, arrangement, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other matters related to the Site and Network are protected under the applicable copyright, trademark, and related intellectual proprietary right laws. You do not acquire any ownership in or to any such Ads, content, arrangement, organization, design compilation, magnetic translation, digital conversion, software, services or other materials viewed at or through Your access to this Site or use of Company’s services. The posting of such information or material on the Site and Network by Company does not constitute a waiver of any right in such information and/or materials. Any reproduction, duplication, copy, sale, resale, or other exploitation of the content, arrangement, organization, and design of this Site is strictly prohibited.

Editing, Deleting, and Modification

Company reserves the right in its sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

Indemnification

You agree to indemnify and hold Company, its parents, subsidiaries and affiliate, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and/or judgments whatsoever, made by any third party due to or arising out of: (a) Your use of the Site and/or Network; (b) Your breach of the Agreement; and/or (c) any dispute between You and any Site-User, Publisher, Advertiser, any third party or other entity. The provisions of this paragraph are for the benefit of Company, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against You on its own behalf.

Disclaimer of Warranties

THIS SITE, NETWORK, SERVICES AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE ACCESSED AND USED AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, COMPANY MAKES NO WARRANTIES (INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), REPRESENTATIONS, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, VERBAL OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT THE SITE, NETWORK, SERVICES AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE, NETWORK, SERVICES AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU APPLY FOR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF SITE, SERVICES OR RELATED SOFTWARE WILL BE CORRECTED; THAT YOU WILL QUALIFY AS EITHER A PUBLISHER OR ADVERTISER; OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, NETWORK AND/OR SERVICES WILL BE ACCURATE OR RELIABLE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY WIL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE AND/OR NETWORK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR OTHERWISE THROUGH OR FROM THE SITE, NETWORK, ANY PUBLISHER AND/OR ADVERTISER, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. COMPANY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT ANY THIRD PARTY’S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND ACCEPTS NO RESULTING LIABILITY WHATSOEVER THEREFOR. COMPANY HAS NOT REVIEWED ANY THIRD PARTY SITES THAT MAY BE LINKED TO THIS SITE. YOUR ACCESS TO AND USE OF SUCH THIRD PARTY SITES AND ANY THIRD-PARTY PRODUCTS OR SERVICES IS DONE AT YOUR OWN RISK.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, NETWORK, SERVICES, AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE AND/OR NETWORK; (C) THE FAILURE TO QUALIFY AS EITHER A PUBLISHER OR ADVERTISER; AND (D) ANY OTHER MATTER RELATING TO THE SITE, NETWORK, SERVICES, AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE OR ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF COMPANY’S SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE SITE, NETWORK, SERVICES, AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Export Control

Any Ads, products, services, or software made available from or through the Site are or may be subject to United States export controls. No such Ads, products, services, or software from the Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders (each, a “Restricted List”). By using Company’s Site or Services, You are warranting that You are not located in, under the control of, or a national or resident of, any such country or on any Restricted List.

Third Parties and Third-Party Websites

This Site may contain links to third-party websites and/or resources. The inclusion of links to third-party websites or resources are not an endorsement of or recommendation for such third-party websites, the resource, or anything contained therein. Such links to third-party websites and resources are provided for reference and convenience only. Because Company does not have control over third-party websites or anything contained therein, You agree Company is not responsible or liable for Your access to or use of such third-party websites, or for any damages and/or losses arising therefrom. Any access to or use of such third-party websites or resources is done at Your own risk. Your dealings with third parties found on or through this Site, including payment and delivery of related products or services, and any associated terms, conditions, warranties, or representations, are solely between You and such third party. Company is not responsible for any loss or damage of any sort incurred as the result of any such dealings.

Privacy Policy

Use of the Site, and all comments, feedback, information or materials that You submit through or in association with the Site, are subject to our Privacy Policy. Company reserves the right to use all information regarding Your use of the Site, and any and all other personally identifiable information provided by You, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, Click Here.

Legal Warning

Any attempt by any individual, whether or not a Company customer, to damage, destroy, tamper with, vandalize, and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

Disputes; Choice of Law; Venue

The Agreement shall be treated as though it were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws principles). Should a dispute arising out of Your access to or use of this Site, Your use of Company’s services, or concerning the terms and conditions of the Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Encino, California, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. ALL DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING ARBITRATION. AS A RESULT, YOU WAIVE YOUR RIGHT TO ASSERT OR DEFEND YOUR RIGHTS IN COURT IN FRONT OF A JUDGE OR JURY. The arbitrator shall not have the authority to award any damages which exceed the compensatory damages’ actual amount, or the authority to multiply any of the actual damages claimed. Furthermore, the arbitrator shall be prohibited from awarding any incidental, consequential, special, exemplary, or punitive damages; and You waive the right to any claim involving these prohibited damages. Any award rendered shall be final and conclusive, and a judgment thereon may be entered in any court of competent jurisdiction. Company may, in its sole discretion, elect to file an action in any court of competent jurisdiction in Los Angeles County, California, in lieu of and despite the alternative dispute resolution provision contained herein. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending arbitration. Notwithstanding any applicable statute or law to the contrary, You agree that any claim arising out of Your access to or use of this Site, or Your use of Company’s services, must be brought within one (1) year after the cause of action arises, otherwise such claim or cause of action is forever barred. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit. You agree to pay the attorneys’ fees and court costs that Company incurs in seeking such relief. The Agreement does not constitute a waiver of any of Your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing You from bringing, joining or participating in class action lawsuits is an independent agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

Entire Agreement

The Agreement is personal between You and Company and governs Your use of the Site and Services, superseding any and all prior or contemporaneous agreements. Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Modification

Company reserves the right to modify the Agreement or any additional terms that apply to this Site or Company’s services. Company will post notice of any such modifications in a clear and conspicuous manner to these Terms & Conditions of Use and anywhere else Company may deem appropriate. Any such modifications shall take effect immediately. If You do not agree to any such modifications, do not use this Site or Company’s services.

Non-Waiver; Severability

The failure of Company to enforce any provision in the Agreement, or to exercise any right outlined herein, shall in no way be deemed as a waiver of this right or the ability to enforce any of the terms and conditions contained herein. If any provision contained in the Agreement is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision shall be severed and the remaining provisions of the Agreement shall remain in full force and effect.

Headings

The headings for sections contained herein are for convenience only and shall not affect the meaning of the provisions of the Agreement.

Company’s Contact Information

If You have any questions regarding the Agreement, or would like more information from Company, please contact Company at: contact@dekafy.com.